EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Other/In General

Single Topic for Decision 2610H

View all topics for Decision 2610H

Full Decision Text (click on the link to view): Full Text

In those relatively rare cases involving direct evidence of unlawful motive, it is unnecessary to resort to Novato’s analysis of nexus factors to evaluate circumstantial evidence of unlawful motive. (Novato Unified School District (1982) PERB Decision No. 210.) While reliance on circumstantial evidence of motive has undoubtedly become the primary avenue for proving discrimination or retaliation allegations, Novato itself indicates that circumstantial evidence is only necessary if there is no direct evidence of unlawful motive, as there was in Campbell Municipal Employees Assn. v. City of Campbell (1982) 131 Cal.App.3d 416. (p. 77.)